Ercolani Law Group Ensures You Are Covered Following a Severe Injury
Car accidents can cause an overwhelming burden to those who were injured. The stress alone can be too much to handle, from handling car repairs, arranging rentals, coordinating inspections, recovering from injury, and fighting with insurance companies to receive fair coverage.
You need an experienced car accident lawyer who will fight to ensure you are fairly compensated. Our team has been helping clients for over a decade. We have the experience necessary to hold insurance companies responsible for what they owe.
What Is the Statute of Limitations for a California Car Accident?
In every state, there is a limit known as the "statute of limitations" that refers to the amount of time an individual has to file a car accident claim after they have been injured. The statute of limitations for a California car accident claim is two years.
If you've been injured in an auto accident, you may find it necessary to file a personal injury lawsuit in addition to a claim with your insurer. It may not be obvious that you need to file a lawsuit, so it's important that you discuss your case with a car accident attorney as soon as possible to avoid missing the deadline for additional compensation.
The state of California has different statutes of limitation for lawsuits involving car accidents:
Personal injury lawsuits - 2 years
Property damage lawsuits - 3 years
Claims involving government agencies - 6 months
If you fail to file your lawsuit before the statute of limitations has expired, your case may never be allowed in court. Our car accident attorneys in Thousand Oaks are ready to hear your case anywhere in Ventura County or Los Angeles County.
What if more than one person is responsible for causing the accident?
California has a rule for that too: the “comparative negligence” rule. The comparative negligence rule means that if the plaintiff is partially responsible for the accident, they are still eligible to recover compensation for their injuries.
However, the total compensation awarded to them will be reduced by the amount of their determined fault. For example, if you are found by the court to be 10% at fault for the accident that caused your injuries, the compensation awarded to you will be reduced by 10%.
Unlike some states, California allows injury victims to pursue compensation no matter how much fault they bear for the accident. This makes the state a pure comparative negligence state. Contact our firm today for a free consultation to learn more about how California’s car accident laws might affect your case.
Is California an At-Fault State?
There are different laws in every state regarding which parties are liable for compensation in an accident. The state of California holds to a "tort" system, which is otherwise known as an "at-fault" state. This means that there must be someone who is at fault for any accident and whose insurance company must be held responsible for any compensation.
According to California Code § 16056 (a), every driver in California is required to carry liability insurance no less than the following:
$15,000 for injury or death to one individual
$5,000 for property damage
$30,000 for injury or death to two or more individuals
Can I File A Car Accident Claim After Insurance Pays?
Usually once you accept a settlement from an insurance company, it is difficult to recover more compensation. Many car accident insurance settlements specifically state that the amount agreed upon will be the only money the company will pay out.
This is why it is so important to speak with an auto accident attorney about your case before signing a settlement. However, if you have already signed an agreement with an insurance company, you may still have options. Speak to an attorney at our firm about the specifics of your case to get started.
What Are Common Causes of Car Accidents?
Some of the most common car accidents include rear-end accidents, side impact collisions, and speeding accidents. Ercolani Law Group has experience with these types of injury claims as well as the following less common types of car accidents in California:
Distracted driving, including texting while driving
Driver was speeding
Issues or defects with a car’s tires or other parts
What Should I Do After a Car Accident?
At Ercolani Law Group, we are committed to helping clients reduce their burden and help them get through the complicated maze of receiving financial compensation. In many cases, injuries will not even appear until weeks after a settlement check has been issued and signed, and once that happens, there is nothing you can do.
It is important to follow the proper steps to take after a car accident:
Call the police
Obtain witness statements about the fault of the other driver
Treat your injuries and have a doctor document them
Do not sign a check issued by your/their insurer without consulting with an attorney first
Injured in a Car Accident in Thousand Oaks or Ventura County?
Being involved in an accident is often a traumatic experience. If your injuries are severe, it might even be life-altering. If you were injured in an accident that was caused by a negligent and distracted driver, you have a right to pursue compensation and to hold the driver liable for your injuries.
At Ercolani Law Group in Thousand Oaks and Westlake Village, our legal team is dedicated to helping clients navigate the process of filing a personal injury lawsuit and easing their burdens.